MOHAMED SHALLY SESE (SHAH SESE) V. FULSON COMPANY LTD & KILIFI BEACH PROPERTIES LIMITED

IN THE COURT OF APPEAL

AT MALINDI

(IN CHAMBERS: MAKHANDIA, J.A.)

CIVIL APPLICATION NO. 26 OF 2016

BETWEEN

MOHAMED SHALLY SESE (SHAH SESE).......APPLICANT

-VERSUS-

FULSON COMPANY LTD.....................1^ST RESPONDENT

KILIFI BEACH PROPERTIES LIMITED ...2^ND RESPONDENT

(Being an application for leave to extend time within which to file a Notice of Appeal and/or Appeal from the Ruling of the High Court of Kenya at Mombasa (Emukule, J.) dated 5^th June, 2015 in H.C.MISC.JR. APPLICATION NO. 74 OF 2013

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RULING

By his Notice of Motion application dated 30^th May 2016, Mohamed Shally Sese (“the applicant”) prays in the main for leave of this Court to file and serve out of time Notice of Appeal in respect of a ruling delivered by the High Court (Emukule, J.) sitting in Mombasa on 5^th June 2015. The application is expressed to be brought pursuant to “rule 4 and 75 (2) of the Court of Appeal Rules, 2010, section 3A of the Appellate Jurisdiction Act, section 5 of the Court of Appeal (Organiza…